Part V Nursery education

Early years development and childcare plans

121 Approval, modification and review of statement of proposals.

F1(1)

Where an early years development F2and childcare plan has been prepared in accordance with section 120, the authority shall, by such date as may be determined by or in accordance with regulations, submit the plan to the Secretary of State for him to approve F3. . . under this section.

(2)

The Secretary of State may in the case of any F4plan submitted to him under this section—

(a)

approve the F4plan in any of the following ways, namely wholly or in part, for a limited period of time, or subject to conditions;

(b)

require the authority to make such modifications to the F4plan as he may specify; or

(c)

reject the F4plan .

(3)

If the Secretary of State approves the F5plan—

(a)

he shall notify the authority of his decision; and

(b)

the authority shall implement the F5plan , so far as approved by the Secretary of State, as from such date as he may determine.

(4)

If the Secretary of State requires the authority to make modifications or rejects the F6plan—

(a)

he shall notify the authority of his decision and of his reasons for it; and

(b)

the authority shall prepare a revised F6plan and submit it to the Secretary of State for his approval under this section by such date as he may determine.

(5)

Once the Secretary of State has approved an authority’s F7plan under subsection (2), he shall keep under review the authority’s F7plan , as approved by him, and F8its implementation by the authority, and—

(a)

where he is of the opinion that the F9plan should be modified (or further modified), he may withdraw his approval and require the authority to make such modifications to the F9plan as he may specify; and

(b)

where he is of the opinion that the authority’s F10plan is not being properly implemented by them, he may withdraw his approval for such period as he thinks fit.

(6)

If under subsection (5) the Secretary of State withdraws his approval of a F11plan—

(a)

he shall notify the authority of his decision and of his reasons for it; and

(b)

in a case falling within paragraph (a) of that subsection, the authority shall prepare a revised F12plan and submit it to him for his approval under this section by such date as he may determine.

(7)

Section 120 shall apply to the preparation of a revised F13plan under subsection (4)(b) or (6)(b), with such modifications (if any) as the Secretary of State may determine.

(8)

At any time after the Secretary of State has approved an authority’s F14plan under subsection (2)—

(a)

the authority may, with the agreement of the early years development F15and childcare partnership, submit modifications to the F16plan to the Secretary of State for his approval, and

(b)

the Secretary of State may approve the modifications, whether in whole or in part, for a limited period of time, or subject to conditions, and

(c)

if and to the extent that he approves those modifications, he shall notify the authority of his decision and—

(i)

the F17plan shall have effect with the modifications, and

(ii)

the authority shall implement their F17plan as modified,

as from such date as he may determine.

(9)

Once the Secretary of State has approved—

(a)

an authority’s F18plan under subsection (2), or

(b)

the modification of an authority’s F18plan under subsection (8),

the authority shall publish their F19. . . plan (or their plan as so modified) in such manner and by such date as may be prescribed, and shall provide such persons as may be prescribed with copies of that plan or of a summary of that plan.